Universal Property Group Pty Ltd v Blacktown City Council [2013] NSWLEC 1231

Universal Property Group Pty Ltd v Blacktown City Council [2013] NSWLEC 1231

The proposal does not comply with the RMS Shared Zone Policy and relevant provisions of the Blacktown Development Control Plan. In particular, the proposed internal accessways are too narrow for the scale of development, pedestrian and vehicular safety is not sufficiently demonstrated, the design does not achieve adequate amenity or landscaping outcomes, and effective traffic management and enforcement on private roads is not assured. Cumulative defects in the design mean the development does not merit consent and the appeal is dismissed.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Appeal (class 1) / Final Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Medium Density Housing, Traffic Impacts, Shared Zone Accessway, Internal Road Design, Car Parking, Common Open Space
Planning and Environment Development Applications Medium Density Housing Traffic Impacts Shared Zone Accessway Internal Road Design Car Parking Common Open Space

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal (class 1) / Final Judgment

Legal Issues

  1. 1 Whether the proposed internal road design and accessway for a medium density development complies with relevant planning and road safety guidelines
  2. 2 Whether the Shared Zone policy is appropriately applied to new private developments of this scale
  3. 3 Whether the development provides for safe pedestrian access, adequate car parking, landscaping, and common open space

Ratio Decidendi

The proposal does not comply with the RMS Shared Zone Policy and relevant provisions of the Blacktown Development Control Plan. In particular, the proposed internal accessways are too narrow for the scale of development, pedestrian and vehicular safety is not sufficiently demonstrated, the design does not achieve adequate amenity or landscaping outcomes, and effective traffic management and enforcement on private roads is not assured. Cumulative defects in the design mean the development does not merit consent and the appeal is dismissed.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application No DAP-13-94 for a medium density development comprising 102 dwellings and associated uses at Lot 1, DP 786901, No 236 Richmond Road, Woodcroft is refused.